13. MISCELLANEOUS

• 13.1 Independent Contractors. You understand and expressly agree that you and Konnect.io are independent contractors and not agents or employees of the other party. Neither you nor Konnect.io has any right, power, or authority to act or create any obligation, express or implied, on behalf of the other party.

• 13.2 Notices. Any notice given under this Agreement shall be in writing and in the English language and shall be emailed to Konnect.io at [contact@konnect.io], or if to you, to the email or physical address associated with your Account. You hereby consent to receiving any notices relevant to the Services or this Agreement by email without requiring a handwritten signature for such notice to be effective.

• 13.3 Digital Millennium Copyright Act Notice. We take copyright infringement seriously and have adopted the following policy towards copyright infringement in accordance with the Digital Millennium Act (the “DMCA”). If you believe any Client Materials or Konnect.io Materials infringes upon your intellectual property rights, please submit a notification alleging such infringement (“DMCA Takedown Notice”) including the following:
  1. An electronic or physical signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work that is claimed to have been infringed, or if multiple copyrighted works are on a single site, a representative list of such works;
  3. Identification of the infringing material or activity and that is to be removed or disabled and information readily sufficient to permit the service provider to locate the material;
  4. Information reasonably sufficient to contact the copyright owner or authorized agent, such as a physical address, telephone number, and electronic mail address;
  5. A statement that you have a good faith belief that use of the material in the manner complained of its not authorized by the copyright owner, its agent, or the law; and
  6. A statement that the information in the notice is correct and accurate, and under penalty of perjury, that the person sending the notice is authorized to act on behalf of the copyright owner.
• Notices should be sent to our Copyright Agent.

• 13.4 Force Majeure. Neither party shall be liable for failing or delaying performance of its obligations (except for the payment of money) resulting from any condition beyond its reasonable control, including but not limited to, governmental action, acts of terrorism, natural disasters, earthquake, fire, flood, or other acts of God, labor conditions, power failures, and Internet disturbances.

• 13.5 Consent to Do Business Electronically. You agree not to contest the authorization for, or validity or enforceability of, electronic records and electronic signatures, or the admissibility of copies thereof, under any applicable law.

• 13.6 Equitable Relief. You agree that your breach of the terms and responsibilities under this Agreement would cause irreparable harm and significant injury to Konnnect.io which would be both difficult to ascertain and for which there is no adequate remedy at law and that Konnect.io shall be entitled, in addition to any other rights and remedies it may have, to injunctive relief (without the requirement of posting bond), specific performance and other equitable remedies to restrain any threatened, continuing, or further breach, or other equitable relief without prejudice to any other rights and remedies Konnect.io may have under this Agreement.

• 13.7 Entire Agreement. This Agreement constitutes the entire agreement between you and Konnect.io with respect to the subject matter hereof and supersedes all prior agreements, both oral and written. Konnect.io may update this Agreement at any time without notice to you. We may revise and update this Agreement from time-to-time in our sole discretion and will make the revised version available to you by posting the updated Agreement to the Services and presenting you with some clickthrough notification window that you will be required to accept to access the Services or continue using the Services. Failure to accept the revised version of the Agreement will prevent you from accessing the Services. Provided your Account remains active and in good standing, you may attempt to login to the Services at a later time to accept the revised version of the Agreement in your discretion.

• 13.8 Waiver; Severability. Either party’s failure to enforce any provision of this Agreement will not be deemed to be a waiver of its right to enforce them. If any term or provision of this Agreement will be held to be invalid, illegal, or unenforceable, the remaining terms and provisions of this Agreement will remain in full force and effect, and such invalid, illegal, or unenforceable term or provision will be deemed not to be part of this Agreement.

• 13.9 Publicity. You hereby consent to inclusion of your name and trademarks or service marks in Konnect.io Client lists that may be published as part of Konnect.io’s marketing and promotional efforts. Konnect.io may identify you as a Client when referring to lists of its Clients.

• 13.10 Assignment. Neither you nor Konnect.io may make any assignment of this Agreement or any interest herein, by operation of law or otherwise, without the prior written consent of the other; provided, however, that either party may assign its rights and obligations under this Agreement without the consent of the other party in the event the assigning party effects a corporate reorganization, consolidation, merger, or transfer of all or substantially all of its properties or assets. This Agreement shall inure to the benefit of and be binding upon the parties, their respective successors, and permitted assigns.

• 13.11 Survival. The provisions of this Agreement shall survive the expiration or termination of this Agreement, including, without limitation, provisions governing ownership and use of intellectual property, representations, disclaimers, warranties, liability, indemnification, governing law, jurisdiction, venue, remedies, rights after termination, and interpretation of this Agreement, will survive the expiration or termination of this Agreement for their full statutory period.